R. v. Collin

R. v. Collin

The court found the interview room afforded the accused a reasonable expectation of privacy; the private communications were electronically intercepted without statutory authorization or consent and the interception was unlawful, and therefore the statements must be excluded as their admission would bring the administration of justice into disrepute.

Citation
2007 BCSC 2017
Parties
Crown: Regina; Accused: Kyle Regis Collin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 February 2007
Procedural Posture
Criminal Breaking and Entering a Dwelling House / Voir Dire During Trial (charter Ss.7 and 8 Application)
Outcome
Statements exchanged between the accused and his mother and between the accused and his girlfriend were excluded from evidence.
Legal Topics
Charter S.7, Charter S.8, Exclusion of Evidence Under S.24(2), Reasonable Expectation of Privacy, Interception/monitoring of Inmate Communications
Source Language
English
Criminal Law Constitutional Law Evidence Correctional Law Privacy/surveillance Charter S.7 Charter S.8 Exclusion of Evidence Under S.24(2) +2 more

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Parties

Regina

Crown

Kyle Regis Collin

Accused

Procedural Posture

Criminal Breaking and Entering a Dwelling House / Voir Dire During Trial (charter Ss.7 and 8 Application)

Legal Issues

  1. 1 Whether the accused had a reasonable expectation of privacy in the interview room
  2. 2 Whether communications were lawfully intercepted or monitored
  3. 3 Whether unlawfully intercepted communications should be excluded from evidence under the Charter

Ratio Decidendi

The court found the interview room afforded the accused a reasonable expectation of privacy; the private communications were electronically intercepted without statutory authorization or consent and the interception was unlawful, and therefore the statements must be excluded as their admission would bring the administration of justice into disrepute.

Court Disposition

Statements exchanged between the accused and his mother and between the accused and his girlfriend were excluded from evidence.

Orders

  • Communications between the accused and his mother and between the accused and his girlfriend shall not be admitted in evidence and shall not be considered in this case.